[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2434 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 2434

         To establish the National Criminal Justice Commission.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 1, 2019

  Mr. Peters (for himself, Mr. Graham, and Mr. Cornyn) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
         To establish the National Criminal Justice Commission.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Criminal Justice Commission 
Act of 2019''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) it is in the interest of the United States to establish 
        a commission to undertake a comprehensive review of the 
        criminal justice system;
            (2) there has not been a comprehensive study since the 
        President's Commission on Law Enforcement and Administration of 
        Justice was established in 1965;
            (3) in a span of 18 months, the President's Commission on 
        Law Enforcement and Administration of Justice produced a 
        comprehensive report entitled ``The Challenge of Crime in a 
        Free Society'', which contained 200 specific recommendations on 
        all aspects of the criminal justice system involving--
                    (A) Federal, State, Tribal, and local governments;
                    (B) civic organizations;
                    (C) religious institutions;
                    (D) business groups; and
                    (E) individual citizens; and
            (4) developments over the intervening 50 years require once 
        again that Federal, State, Tribal, and local governments, law 
        enforcement agencies, including rank and file officers, civil 
        rights organizations, community-based organization leaders, 
        civic organizations, religious institutions, business groups, 
        and individual citizens come together to review evidence and 
        consider how to improve the criminal justice system.

SEC. 3. ESTABLISHMENT OF COMMISSION.

    There is established a commission to be known as the ``National 
Criminal Justice Commission'' (referred to in this Act as the 
``Commission'').

SEC. 4. PURPOSE OF THE COMMISSION.

    The Commission shall--
            (1) undertake a comprehensive review of the criminal 
        justice system;
            (2) submit to the President and Congress recommendations 
        for Federal criminal justice reform; and
            (3) disseminate findings and supplemental guidance to the 
        Federal Government, as well as to State, local, and Tribal 
        governments.

SEC. 5. REVIEW, RECOMMENDATIONS, AND REPORT.

    (a) General Review.--The Commission shall undertake a comprehensive 
review of all areas of the criminal justice system, including the 
criminal justice costs, practices, and policies of the Federal, State, 
local, and Tribal governments.
    (b) Recommendations.--
            (1) In general.--Not later than 18 months after the date of 
        the first meeting of the Commission, the Commission shall 
        submit to the President and Congress recommendations for 
        changes in Federal oversight, policies, practices, and laws 
        designed to prevent, deter, and reduce crime and violence, 
        reduce recidivism, improve cost-effectiveness, and ensure the 
        interests of justice at every step of the criminal justice 
        system.
            (2) Unanimous consent.--If a unanimous vote of the members 
        of the Commission at a meeting where a quorum is present 
        pursuant to section 6(d) approves a recommendation of the 
        Commission, the Commission may adopt and submit the 
        recommendation under paragraph (1).
            (3) Public access.--The recommendations submitted under 
        this subsection shall be made available to the public.
    (c) Report.--
            (1) In general.--Not later than 18 months after the date of 
        the first meeting of the Commission, the Commission shall 
        disseminate to the Federal Government, as well as to State, 
        local, and Tribal governments, a report that details the 
        findings and supplemental guidance of the Commission regarding 
        the criminal justice system at all levels of government.
            (2) Majority vote.--If a majority vote of the members of 
        the Commission approves a finding or supplemental guidance at a 
        meeting where a quorum is present pursuant to section 6(d), the 
        finding or supplemental guidance may be adopted and included in 
        the report required under paragraph (1).
            (3) Dissents.--In the case of a member of the Commission 
        who dissents from a finding or supplemental guidance approved 
        by a majority vote under paragraph (2), the member may state 
        the reason for the dissent in writing and the report described 
        in paragraph (1) shall include the dissent.
            (4) Public access.--The report submitted under this 
        subsection shall be made available to the public.
    (d) Prior Commissions.--The Commission shall take into 
consideration the work of prior relevant commissions in conducting the 
review of the Commission.
    (e) State and Local Governments.--In issuing the recommendations 
and report of the Commission under this section, the Commission shall 
not infringe on the legitimate rights of the States to determine the 
criminal laws of the States or the enforcement of such laws.
    (f) Public Hearings.--The Commission shall conduct public hearings 
in various locations around the United States.
    (g) Consultation With Government and Nongovernment 
Representatives.--
            (1) In general.--The Commission shall--
                    (A) closely consult with Federal, State, local, and 
                Tribal governments and nongovernment leaders, 
                including--
                            (i) State, local, and Tribal law 
                        enforcement officials, including rank and file 
                        officers;
                            (ii) legislators;
                            (iii) public health officials;
                            (iv) judges;
                            (v) court administrators;
                            (vi) prosecutors;
                            (vii) defense counsel;
                            (viii) victims' rights organizations;
                            (ix) probation and parole officials;
                            (x) criminal justice planners;
                            (xi) criminologists;
                            (xii) civil rights and liberties 
                        organizations;
                            (xiii) community-based organization 
                        leaders;
                            (xiv) formerly incarcerated individuals;
                            (xv) professional organizations; and
                            (xvi) corrections officials; and
                    (B) include in the final report required under 
                subsection (c) summaries of the input and 
                recommendations of the leaders consulted under 
                subparagraph (A).
            (2) United states sentencing commission.--To the extent the 
        review and recommendations required by this section relate to 
        sentencing policies and practices for the Federal criminal 
        justice system, the Commission shall conduct the review in 
        consultation with the United States Sentencing Commission.
    (h) Sense of Congress on Unanimity.--It is the sense of Congress 
that, given the national importance of the matters before the 
Commission--
            (1) the Commission should work toward developing findings 
        and supplemental guidance that are unanimously supported by the 
        members of the Commission; and
            (2) a finding or supplemental guidance unanimously 
        supported by the members of the Commission should take 
        precedence over a finding or supplemental guidance that is not 
        unanimously supported.

SEC. 6. MEMBERSHIP.

    (a) In General.--The Commission shall be composed of 14 members, as 
follows:
            (1) The President shall appoint 1 member, who shall serve 
        as a co-chairperson of the Commission.
            (2) The co-chairperson described in paragraph (1) shall 
        appoint 6 members in consultation with the leadership of--
                    (A) the Senate and House of Representatives of the 
                same political party as the President;
                    (B) the Committee on the Judiciary of the House of 
                Representatives of the same political party as the 
                President; and
                    (C) the Committee on the Judiciary of the Senate of 
                the same political party as the President.
            (3) The leader of the Senate, in consultation with the 
        leader of the House of Representatives who is a member of the 
        opposite party of the President, shall appoint 1 member, who 
        shall serve as a co-chairperson of the Commission.
            (4) The co-chairperson described in paragraph (3) shall 
        appoint 6 members in consultation with the leadership of--
                    (A) the Senate and House of Representatives of the 
                opposite political party as the President;
                    (B) the Committee on the Judiciary of the House of 
                Representatives of the opposite political party as the 
                President; and
                    (C) the Committee on the Judiciary of the Senate of 
                the opposite political party as the President.
    (b) Membership.--
            (1) In general.--A member shall be appointed based upon 
        knowledge or experience in a relevant area, including--
                    (A) law enforcement;
                    (B) criminal justice;
                    (C) national security;
                    (D) prison and jail administration;
                    (E) prisoner reentry;
                    (F) public health, including--
                            (i) physical and sexual victimization;
                            (ii) drug addiction; or
                            (iii) mental health;
                    (G) the rights of victims;
                    (H) civil rights;
                    (I) civil liberties;
                    (J) court administration;
                    (K) social services; or
                    (L) State, local, or Tribal government.
            (2) Law enforcement representation.--
                    (A) Members appointed by the co-chairpersons.--Of 
                the 6 members appointed by the co-chairperson under 
                subsection (a)(2)--
                            (i) not fewer than 2 shall be 
                        representatives from Federal, State, or local 
                        law enforcement agencies; and
                            (ii) not fewer than 1 shall be a 
                        representative from a Tribal law enforcement 
                        agency.
                    (B) Other members.--Of the 6 members appointed 
                under subsection (a)(4)--
                            (i) not fewer than 2 shall be 
                        representatives of Federal, State, or local law 
                        enforcement agencies; and
                            (ii) not fewer than 1 shall be a 
                        representative from a Tribal law enforcement 
                        agency.
            (3) Disqualification.--If an individual possesses a 
        personal financial interest in the discharge of a duty of the 
        Commission, the individual may not be appointed as a member of 
        the Commission.
            (4) Terms.--A member shall be appointed for the duration of 
        the Commission.
    (c) Appointments and First Meeting.--
            (1) Appointments.--Each member of the Commission shall be 
        appointed not later than 45 days after the date of enactment of 
        this Act.
            (2) First meeting.--The Commission shall hold the first 
        meeting of the Commission on the date, whichever is later, that 
        is not later than--
                    (A) 60 days after the date of enactment of this 
                Act; or
                    (B) 30 days after the date on which funds are made 
                available for the Commission.
            (3) Ethics.--At the first meeting of the Commission, the 
        Commission shall--
                    (A) draft appropriate ethics guidelines for members 
                and staff of the Commission, including guidelines 
                relating to--
                            (i) conflict of interest; and
                            (ii) financial disclosure;
                    (B) consult with the Committees on the Judiciary of 
                the Senate and the House of Representatives as a part 
                of drafting the guidelines; and
                    (C) provide each Committee described in 
                subparagraph (B) with a copy of the guidelines 
                completed under subparagraph (A).
    (d) Meetings, Quorum, and Vacancies.--
            (1) Meetings.--The Commission shall meet at the call of--
                    (A) the co-chairpersons; or
                    (B) a majority of the members of the Commission.
            (2) Quorum.--Except as provided in paragraph (3)(B), a 
        majority of the members of the Commission shall constitute a 
        quorum for purposes of conducting business, except that 2 
        members of the Commission shall constitute a quorum for 
        purposes of receiving testimony.
            (3) Vacancies.--
                    (A) In general.--A vacancy in the Commission shall 
                not affect a power of the Commission, and the vacancy 
                shall be filled in the same manner in which the 
                original appointment was made.
                    (B) Quorum.--In the case of a vacancy occurring 
                after the date that is 45 days after the date of 
                enactment of this Act, until the date on which the 
                vacancy is filled, a majority of the members of the 
                Commission shall constitute a quorum if--
                            (i) not fewer than 1 member of the 
                        Commission appointed under paragraph (1) or (2) 
                        of subsection (a) is present; and
                            (ii) not fewer than 1 member of the 
                        Commission appointed under paragraph (3) or (4) 
                        of subsection (a) is present.
    (e) Actions of the Commission.--
            (1) In general.--The Commission--
                    (A) shall, subject to section 5, act by a 
                resolution agreed to by a majority of the members of 
                the Commission voting and present; and
                    (B) may establish a panel composed of less than the 
                full membership of the Commission for purposes of 
                carrying out a duty of the Commission under this Act, 
                which--
                            (i) shall be subject to the review and 
                        control of the Commission; and
                            (ii) may make a finding or determination 
                        that may be considered a finding or 
                        determination of the Commission if the finding 
                        or determination is approved by the Commission.
            (2) Delegation.--If authorized by the co-chairpersons of 
        the Commission, a member, agent, or staff member of the 
        Commission may take an action that the Commission may take 
        under this Act.

SEC. 7. ADMINISTRATION.

    (a) Staff.--
            (1) Executive director.--The Commission shall have a staff 
        headed by an Executive Director, who shall be paid at a rate 
        established for the Certified Plan pay level for the Senior 
        Executive Service under section 5382 of title 5, United States 
        Code.
            (2) Appointments and compensation.--The co-chairpersons of 
        the Commission shall designate and fix the compensation of the 
        Executive Director and, in accordance with rules agreed upon by 
        the Commission, may appoint and fix the compensation of such 
        other personnel as may be necessary to enable the Commission to 
        carry out its functions, without regard to the provisions of 
        title 5, United States Code, governing appointments in the 
        competitive service, and without regard to the provisions of 
        chapter 51 and subchapter III of chapter 53 of such title 
        relating to classification and General Schedule pay rates, 
        except that no rate of pay fixed under this subsection may 
        exceed the equivalent of that payable for a position at level V 
        of the Executive Schedule under section 5316 of title 5, United 
        States Code.
            (3) Personnel as federal employees.--
                    (A) In general.--The Executive Director and any 
                personnel of the Commission who are employees shall be 
                employees under section 2105 of title 5, United States 
                Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 
                89, and 90 of such title 5.
                    (B) Members of the commission.--Subparagraph (A) 
                shall not be construed to apply to members of the 
                Commission.
            (4) The compensation of members.--
                    (A) Non-federal employees.--A member of the 
                commission who is not an officer or employee of the 
                Federal Government shall be compensated at a rate equal 
                to the daily equivalent of the annual rate of basic pay 
                prescribed for level IV of the Executive Schedule under 
                section 5315 of title 5, United States Code, for each 
                day (including travel time) during which the member is 
                engaged in the performance of the duties of the Board.
                    (B) Federal employees.--A member of the commission 
                who is an officer or employee of the Federal Government 
                shall serve without compensation in addition to the 
                compensation received for the services of the member as 
                an officer or employee of the Federal Government.
            (5) Travel expenses.--A member of the Commission shall be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for employees of agencies 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from the home or regular places of business of 
        the member in the performance of services for the Commission.
    (b) Experts and Consultants.--With the approval of the Commission, 
the Executive Director may procure temporary and intermittent services 
under section 3109(b) of title 5, United States Code.
    (c) Detail of Government Employees.--Upon the request of the 
Commission, a Federal Government employee may be detailed to the 
Commission without reimbursement, and such detail shall be without 
interruption or loss of civil service status or privilege.
    (d) Other Resources.--
            (1) In general.--The Commission shall have reasonable 
        access to materials, resources, statistical data, and other 
        information such Commission determines to be necessary to carry 
        out its duties from--
                    (A) the Library of Congress;
                    (B) the Department of Justice;
                    (C) the Office of National Drug Control Policy;
                    (D) the Department of State; and
                    (E) other agencies of the executive or legislative 
                branch of the Federal Government.
            (2) Requests for resources.--The co-chairpersons of the 
        Commission shall make requests for the access described in 
        paragraph (1) in writing when necessary.
    (e) Volunteer Services.--Notwithstanding section 1342 of title 31, 
United States Code, the Commission--
            (1) may--
                    (A) accept and use the services of an individual 
                volunteering to serve without compensation; and
                    (B) reimburse the individual described in 
                subparagraph (A) for local travel, office supplies, and 
                for other travel expenses, including per diem in lieu 
                of subsistence, as authorized by section 5703 of title 
                5, United States Code; and
            (2) shall consider the individual described in paragraph 
        (1) an employee of the Federal Government in performance of 
        those services for the purposes of--
                    (A) chapter 81 of title 5, United States Code, 
                relating to compensation for work-related injuries;
                    (B) chapter 171 of title 28, United States Code, 
                relating to tort claims; and
                    (C) chapter 11 of title 18, United States Code, 
                relating to conflicts of interest.
    (f) Obtaining Official Data.--
            (1) In general.--Except as provided in paragraph (3), the 
        Commission may directly secure from an agency of the United 
        States information necessary to enable the Commission to carry 
        out this Act.
            (2) Procedures.--Upon the request of the co-chairpersons of 
        the Commission, the head of the agency shall furnish any 
        information requested under paragraph (1) to the Commission.
            (3) Sensitive information.--The Commission may not have 
        access to sensitive information regarding ongoing 
        investigations.
    (g) Mails.--The Commission may use the United States mails in the 
same manner and under the same conditions as other departments and 
agencies of the United States.
    (h) Biannual Reports.--The Commission shall submit biannual status 
reports to Congress regarding--
            (1) the use of resources;
            (2) salaries; and
            (3) all expenditures of appropriated funds.
    (i) Contracts.--
            (1) In general.--The Commission may enter into a contract 
        with a Federal or State agency, a private firm, an institution, 
        or an individual for the conduct of an activity necessary to 
        the discharge of a duty or responsibility of the Commission.
            (2) Timing.--A contract, lease, or other legal agreement 
        the Commission enters into may not extend beyond the date of 
        the termination of the Commission.
    (j) Gifts.--The Commission may accept, use, or dispose of a gift or 
donation of a service or property.
    (k) Administrative Assistance.--The Administrator of General 
Services shall provide to the Commission, on a reimbursable basis, the 
administrative support services necessary for the Commission to carry 
out the responsibilities of the Commission under this Act, which may 
include--
            (1) human resource management;
            (2) budget;
            (3) leasing;
            (4) accounting; or
            (5) payroll services.
    (l) Non-Applicability of FACA and Public Access to Meetings and 
Minutes.--
            (1) In general.--The Federal Advisory Committee Act (5 
        U.S.C. App.) shall not apply to the Commission.
            (2) Meetings and minutes.--
                    (A) Meetings.--
                            (i) Administration.--Each meeting of the 
                        Commission shall be open to the public, except 
                        that a meeting or any portion of it may be 
                        closed to the public if it concerns matters or 
                        information described in section 552b(c) of 
                        title 5, United States Code.
                            (ii) Interested individuals.--An interested 
                        individual may--
                                    (I) appear at an open meeting;
                                    (II) present an oral or written 
                                statement on the subject matter of the 
                                meeting; and
                                    (III) be administered an oath or 
                                affirmation.
                            (iii) Notice.--Each open meeting of the 
                        Commission shall be preceded by timely public 
                        notice in the Federal Register of the time, 
                        place, and subject of the meeting.
                    (B) Minutes and public access.--
                            (i) Minutes.--Minutes of each open meeting 
                        shall be kept and shall contain a record of--
                                    (I) the people present;
                                    (II) a description of the 
                                discussion that occurred; and
                                    (III) a copy of each statement 
                                filed.
                            (ii) Public access.--The minutes and 
                        records of each open meeting and other 
                        documents that were made available to or 
                        prepared for the Commission shall be available 
                        for public inspection and copying at a single 
                        location in the offices of the Commission.
    (m) Archiving.--Not later than the date described in section 9, all 
records and papers of the Commission shall be delivered to the 
Archivist of the United States for deposit in the National Archives.

SEC. 8. AUTHORIZATION FOR USE OF FUNDS.

    For each of fiscal years 2020 and 2021, the Attorney General may 
use, from an unobligated balance made available under the heading 
``General Administration'' to the Department of Justice in an 
appropriations Act, such amounts as are necessary, not to exceed 
$7,000,000 per fiscal year and not to exceed $14,000,000 total for both 
fiscal years, to carry out this Act, except that none of the funds 
authorized to be used to carry out this Act may be used for 
international travel.

SEC. 9. SUNSET.

    The Commission shall terminate 60 days after the date on which the 
Commission submits the report required under section 5(c) to Congress.
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